Justice delayed is justice denied

Editorial Sep, 6 2024
Justice delayed is justice denied
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The number of cases pending in the Supreme Court of Pakistan has reached an all-time high with over sixty thousands cases still in the apex court.

According to available information, the number of pending cases in the Supreme Court has reached 60 thousand 508, only in the last 15 days there was an increase of over eight hundred more cases. According to the data, there are thirty-three thousand 269 civil and 10 thousand 335 criminal appeals in the pending cases, the number of pending automatic notices in the Supreme Court is 28 while 2 thousand 64 revision petitions are also pending. In order to maintain the effectiveness of the justice system along with transparency, timely delivery of justice is also necessary, while in the current judicial system, the decisions of minor cases also take many decades and there are indeed countless examples that the final decision of the grandfather's case is decided by the grandson reaching old age.  In this context, there is a need to working diligently to make the judicial system faster and easier by promoting transparency as well as the use of modern technology.  

In many countries of the world, a great facility has been provided to the citizens in the form of online court proceedings to make the proceedings of cases faster, cheaper and easier, Pakistan should also consider promoting this method. Besides, our courts have a huge burden of false cases, hard on those who make such cases. Earlier, in December 2023, the number of pending cases till 31 August 2023 was 56544, including 653 provisional cases and 9384 criminal cases.  The previous PDM government's Law Minister had informed the National Assembly that the number of cases pending in the country's high courts for five years was 3 lakh 80 thousand.  Among them, Supreme Court 51 thousand, Islamabad High Court 17 thousand, Lahore 179 thousand, Sindh 85 thousand, Peshawar 91 thousand  and Balochistan High Court 4 thousand cases were pending in district courts across the country at that time. The number is said to be more than 20 lakh.  Compared to them, the number of active judges is around 3,000, so on an average, more than seven hundred cases come to a judge, while there are more than a thousand vacant posts of judges in the high and subordinate courts, and even if they are filled, it will be difficult to deal with the mentioned number.  A challenge appears. Another factor in pending cases is the delay in police investigation in criminal cases, due to which thousands, if not millions, of the accused remain in custody for many years awaiting their verdict.  Majority of the pending cases are based on lies. This painful situation calls for judicial reforms. The past governments have worked on it to a great extent, but the matter could not go ahead. It is now up to the incoming National Assembly to make the reform agenda one of its first priorities and establish a clutter-free and effective judicial system in all respects. There is no denying that our legal system is marred by undue delays and snags.

Cases run for years and years with no sight of decisions. Sometime the decisions are delivered when the accused are no more. However, during the previous coalition government, our legal gurus had started taking note of these snags.  In January, the country's superior Court said that a detained accused should not suffer in case the lawyer fighting his case goes on strike. This clause is an integral part of the just-enacted 'Canons of Professional Conduct and Etiquette of Advocates' by the Pakistan Bar Council (PBC.  It clearly says that  an advocates  is bound to  appear in court when the case is called' and if the lawyer is not available on the due date, then he should make satisfactory alternative arrangements'," said Justice Qazi Faez Isa in one of his decision. One hopes that more such steps are needed to update our legal system so that justice is not delayed. Justice Isa had rightly observed that an accused should have access to the protection of law' and if lawyers are absent from courts, then the accused person is deprived of constitutional right. More such steps need to be done to safeguard the rights of the accused. Sadly,  snags have become an integral part of our justice system which needs a total revamp.  As a matter of fact, it the duty of  the courts to not allow themselves to be hoodwinked by police, the govt authorities or the influential in our society. The huge backlog of cases at judicial forums is another aspect that points to the slow proceedings in the courts.  In 2019, the then Chief Justice of Pakistan had declared reducing the large number of unsettled cases as his top priority. Model courts were set up and e-courts introduced to make the disposal of cases more timely and hassle-free but all in vain. The slow procedures due to loopholes within the proceedings and slow disposal of cases tend to muddy the credibility of our judicial system. Our criminal justice system is extremely slow due to which is becomes ineffective as justice is delayed beyond limits.  Even the young offenders are unable to get justice due to this huge backlog of cases.

 On the other hand, it has been noticed that criminals arrested by the LEAs  exploit the loopholes in the legal proceedings to their own benefit and are set free by courts due to lack of evidence or on technical basis. This results in lowering the morale of the morale of the LEAs as it has been claimed by the officials from LEAs on many occasions that they make arrest of criminals red-handed but they are later set free by the courts due to lack of evident or on a technical basis. Recently, the International World Justice Project also flayed our justice system in its report which is not a good omen for our legal system.  Generally speaking, the masses are unsatisfied with the prevailing justice system which is marked by long delays and proceedings due which they have lost faith in the judicial system. As said justice delayed is justice denied. The same applies to our justice system. Time has come to revamp and reform our judicial system before it is too late.

Our Correspondent
Our Correspondent https://www.dailynationalcourier.com/author/our-correspondent
Daily National Courier is a leading morning English newspaper of twelve pages covering all international and national political developments on 24/7 basis.

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